These general conditions of sale (04/11/2015) are concluded between, on the one hand:
Company SARL COMEPAR
20 RUE DE LA POMME
31000 Toulouse
registered with the Toulouse RCS No. 318 908 100
Hereinafter referred to as “LEGOISTE.FR”.
And, on the other hand, Internet users who wish to make a purchase on the site “www.legoiste.fr” (visible at the address: https://www.legoiste.fr), hereinafter referred to as “the Customer” .
These conditions govern the sale of any product presented on the “legoiste.fr” site by the Comepar company. The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other conditions. The items are only offered for sale to non-commercial individuals. They are concluded intuitu personae and cannot therefore be the subject of any transfer, of any nature whatsoever. Any order duly validated on the site www.legoiste.fr implies full and unreserved acceptance of these general conditions of sale and, possibly, the particular or specific conditions for one or more products or orders.
1 - OBJECT
These conditions aim to define the reciprocal obligations of the parties as well as the different stages of the order process.
2 - ITEMS AND PRODUCTS
The legoiste.fr website aims to offer clothing, shoes and accessories for sale. The products visible on the site are available while stocks last. Consequently, legoiste.fr under no circumstances guarantees that products will remain on sale for a given period. Any customer complaint regarding the order or delivery of an unavailable item will be considered unfounded. In the event of a validated order for a product or item that becomes unavailable, legoiste.fr undertakes not to debit the customer's account associated with the bank card number provided. In the event of debit or collection for the order of an unavailable item, legoiste.fr undertakes to reimburse the customer for the amount of the order within 10 days. In all cases, legoiste.fr undertakes to notify by email any customer who has placed an order for an unavailable item.
3 - PRODUCT PRICES AND DELIVERY
3.1 - Prices are presented in euros for the French language site.
3.2 - The VAT included is the French VAT at the rate in force for the products concerned. If the VAT rate were to be modified, these changes may be reflected in the price of the items without the customer being informed in advance. For shipments to the French Overseas Territories and countries outside the European Union, VAT will be deducted from the prices invoiced, but payment of customs fees will be requested upon delivery.
3.3 - Delivery is made within 2 to 5 days from receipt of the order, excluding any fortuitous event or force majeure which would delay delivery independently of the will and diligence of legoiste.fr.
3.4 - The prices, as an indication, are as follows: Metropolitan France, Corsica, Europe: free from 100€. Other destinations: variable rates depending on the areas. The price charged corresponds to a weight range of less than 1kg.
4 - ORDER
4.1 - The customer interested in an item visible on the site www.legoiste.fr follows the following process in order to place their order. After clicking on the “Add to cart” icon and after checking the specifics of their order (color, quantity, price, etc.), the customer validates the choice of the selected product(s) with a click. He then enters his contact details (which will be pre-filled on his next visit) with the following mandatory information: title, surname, first name, full delivery address, e-mail and telephone number. If he wants gift wrapping, he ticks the box provided for this purpose and writes the desired dedication. Delivery and billing to different addresses are accessible through checkboxes that display new forms. When the customer clicks on the “Validate” button, he accesses the summary of his order where all the information is recalled. If the customer benefits from a special offer, he must first enter a code assigned to him in the field provided for this purpose.
4.2 - Payment methods: the customer has the option to pay by credit card, Paypal or Apple Pay directly on the site. After having validated his payment method, the customer definitively and irrevocably validates his order with the effects indicated below. He provides his bank card number associated with the expiration date. He finally validates his order by clicking on the “Validate” button. This validation constitutes a sale and irrevocably binds the parties. The provision of this information validates the sale between the parties.
4.3 In all cases, whatever the payment method chosen by the customer, legoiste.fr will acknowledge receipt of the order upon validation by email or by any other means at its convenience, in accordance with the provisions of article L121-19 of the consumer code.
4.4 - 6. Order cancellation
Before shipment by legoiste.fr or before receipt by the Customer, legoiste.fr offers its Customers the possibility of canceling their orders at any time. This possibility extends the legal cancellation conditions provided for by law after receipt by the Customer.
Several cases arise:
- The order has not been shipped: the cancellation is then taken into account immediately parlegoiste.fr
- The order has already been completely or partially shipped. legoiste.fr takes cancellation into account for unshipped Products, and the Customer may refuse the package already shipped when presented.
In these two cases:
- the Customer must contact the legoiste.fr sales department to notify this cancellation prior to any reshipment of the Product. Written confirmation will be requested from the Customer, either by email, by fax, or by post, in order to avoid any cancellation by a person other than the Customer.
- This possibility of cancellation entailing costs for legoiste.fr, blatant abuse (repetition deemed abnormal of cancellations by the same Customer), legoiste.fr then reserves the right to invoice the Customer for its management and cancellation costs.
Exchange or refund after receipt
The Law guarantees the Customer the possibility of canceling their order within 14 working days after receipt.
The exchange or refund must be requested from the legoiste.fr sales department in writing (e-mail, fax, or postal mail) prior to any reshipment of Products. legoiste.fr cannot accept a cancellation or exchange of part of a Product that is the subject of a reference. For example, in the case of sale in batches, the Customer can only exchange or cancel the complete batch, including if the elements of the batch are also sold separately on the site www.legoiste.fr
- Case of exchange
The exchange must take place within 14 days from the date of receipt of the Product concerned. If the new Product reference requested in exchange is for a higher amount, the Customer must pay the difference before shipping the new Product. Conversely, if the amount is lower than the initial amount, the Customer's account on www.legoiste.fr will be credited with this difference. The new Product can only be shipped after return of the exchanged Product. Return shipping of the order for an exchange (another item or another size) is free. We will send you a return label by email. This way, you can print it and stick it on the package before dropping it off at the post office.
- Case of reimbursement
The Customer may also request a refund for a Product within 14 days from the date of receipt of the Product concerned. The Customer will then receive a refund upon receipt (in return) of the Product. The flat-rate costs for processing and shipping the order may be deducted from this reimbursement. During the Christmas period, the exchange or refund period is 30 days from the date of receipt. Shipping of the return package is at the customer's expense.
The right of withdrawal follows the same rules but on all the Products making up the order.
Conditions related to exchanges and refunds, the right of exchange or refund only applies to the extent that the Product is returned in perfect condition for resale, packaged in its original packaging, complete and showing no trace of shock , malfunction or use. legoiste.fr reserves the right to refuse this exchange or refund if the Products received in return do not comply with these conditions.
For bulky products (furniture, large models), upon contacting the sales department, legoiste.fr can organize this return by appointment set with the carrier designated by legoiste.fr. The costs incurred by such a return are normally the responsibility of the Customer. However, legoiste.fr may only ask the Customer for a contribution to these return costs, particularly in the case of exchanges. These conditions must be discussed with the legoiste.fr sales department.
5 - PAYMENT SECURITY
5.1 - In order to ensure the security of payments, the site www.legoiste.fr uses PAYPAL secure payment services. These services integrate the SSL security standard. The confidential data (the 16-digit bank card number as well as the expiration date) is directly transmitted encrypted to the SIPS server without passing through the physical media of the legoiste.fr server.
5.2 - When the bank details are validated, the secure electronic payment manager sends an authorization request to the bank card network. The electronic payment manager issues an electronic certificate.
6 - GUARANTEE
6.1 - All items visible on the site www.legoiste.fr may be subject to exchange or refund, with the exception of personalized items. The period during which the customer can request the exchange or assert his right of withdrawal is 14 days from the date of receipt of the item(s). During the Christmas period, the exchange or refund period is 30 days from the date of receipt.
6.2 - The return of the item(s) within this period must be accompanied by the return slip accompanied by the item in its original packaging to the following address: L'Egoïste, 20 rue de la Pomme, 31000 Toulouse. Any damaged item which has not been the subject of express comments or reservations by the customer upon delivery will be refused by the seller.
6.3 - Items made on request or made to measure, such as for example pieces from the One to One tailor-made program, cannot be exchanged or refunded.
7 - SIGNATURE AND PROOF
7.1 - For any payment by bank card on www.legoiste.fr, the electronic certificate issued by the electronic payment manager will constitute proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 et seq. of the Civil Code as well as the electronic archiving means put in place by legoiste.fr. In this regard, the dates and times of the server will be binding between the parties.
7.2 - In all cases, validation of the order, whether payment is made by credit card or Paypal, constitutes signature and express acceptance of all operations carried out on the site.
7.3 - On the other hand, the due date for sums due is that referred to in article 4.2 depending on the type and method of payment.
8 - IDENTIFICATION
In order to facilitate the identification of the Customer, the Customer expressly authorizes legoiste.fr to place on the customer's hard drive a so-called "cookie" file whose sole purpose is to facilitate said identification. The customer who refuses the deposit of such a file on his hard drive must complete the order validation forms in full for each order.
9 - RESPONSABILITY
9.1 - For all stages of access to the site, consultation, filling out forms, placing an order, delivery of items or any other service, the Comepar company only has an obligation of means.
9.2 - Consequently, legoiste.fr cannot be held liable for any inconveniences or damages inherent in the use of the internet network and totally external to the diligence and precautions taken by legoiste.fr. In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the liability of www.legoiste.fr.
9.3 - Likewise, any event qualified as force majeure within the meaning of the jurisprudence of the Court of Cassation completely exonerates Comepar from any liability.
10 - NOMINATIVE DATA
10.1 - legoiste.fr also reserves the right to commercially transfer the data it has collected on its site.
10.2 - In all cases, and in accordance with law n°78-17 of January 6, 1978, any user or customer of the site may at any time oppose the commercial use of said data and also benefits from a right access, rectification and deletion of data concerning him. All requests relating to this article must be sent by email to the address [email protected]
10.2 - In all cases, and in accordance with law n°78-17 of January 6, 1978, any user or customer of the site may at any time oppose the commercial use of said data and also benefits from a right access, rectification and deletion of data concerning him. All requests relating to this article must be sent by email to the address [email protected]
11 - ELECTION OF DOMICILE
legoiste.fr declares that it takes up residence at the address indicated at the top of this document.
12 - INTELLECTUAL PROPERTY AND COMPETITION
12.1 All elements of the site www.legoiste.fr, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of legoiste.fr.
12.2 - The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the homepage of the site www.legoiste.fr, must first request the authorization from legoiste.fr.. In this case it cannot be an implicit affiliation agreement. On the other hand, any hypertext link referring to the legoiste.fr. site and using in particular the technique of framing, deep-linking, in-line linking or any other deep link technique is in any case formally prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from legoiste.fr.
13 - ENTIRE CONTRACT
13.1 - These conditions concluded between legoiste.fr. and the customer express the entirety of the obligations of the parties. No indication, no document can give rise to obligations hereunder if they are not the subject of an amendment signed by both parties. No correspondence prior to the signing of this contract can give rise to obligations under said contract.
13.2 - However, if a condition were to be missing, it would be considered to be governed by the practices in force in the sales sector.
14 - TOLERANCE OR WAIVER
14.1 - It is formally agreed between legoiste.fr.and the customer that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in these conditions, whatever the frequency and the duration, cannot constitute a modification of this agreement, nor generate any right.
14.2 - More specifically, no delay or inaction, abstention or omission on the part of customers in the exercise of any of its rights under this agreement will affect said right, nor will it be considered as implying its part of a waiver to avail oneself of this right.
15 - PARTIAL NON-VALIDITY
If a particular stipulation of these conditions is held to be invalid or declared as such by a decision having the force of res judicata of a competent court, the other stipulations will retain their full force and scope.
16 - OTHER
The language of these general conditions of sale is French.
GDPR - PERSONAL DATA (General Data Protection Regulation)